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New Mexico Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New Mexico on
Q: How can I get my personal items back from my mother she took or kept without my permission?

My mother took my jewelry, my grandmothers china, books, my diploma, cap and gown, my prom dress, highschool awards, birth certificate, pictures, a painting my father painted for me ect before I moved out of her home and when I left my ex-husband because she had access to my home. I had asked her... View More

James L. Arrasmith
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answered on Mar 24, 2024

Recovering personal items from a family member who has taken or kept them without permission can be emotionally taxing and legally complex. First, you might consider reaching out through a neutral third party, such as a mutual friend or family member, who could help mediate the situation. This step... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico on
Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take... View More

1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

James L. Arrasmith
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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Civil Litigation and Business Law for New Mexico on
Q: If members must be allowed to attend Directors meetings, can they be denied access to any information that is discussed?
James L. Arrasmith
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answered on Dec 26, 2023

In New Mexico, the rules governing the attendance of members at directors' meetings and their access to information discussed therein depend on the specific bylaws of the organization and applicable state laws. Generally, members of an organization have a right to attend directors'... View More

1 Answer | Asked in Civil Litigation for New Mexico on
Q: What is the law state constitutes as your home or residence if it's not Your property?
T. Augustus Claus
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answered on Nov 27, 2023

In New Mexico, a person's "home" or "residence" is defined as the place where a person lives and intends to live. This can be a house, apartment, trailer, or any other type of dwelling. A person's home or residence does not have to be owned by the person in order to be... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Mexico on
Q: I hit a cow on a state highway 2 days ago and totaled my vehicle.

It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.

The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms... View More

James L. Arrasmith
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answered on Nov 17, 2023

Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same... View More

1 Answer | Asked in Municipal Law, Civil Litigation and Personal Injury for New Mexico on
Q: Can a tort claim notice filed after 95 days be honored in NM?

I am filing a tort claim against a city municipal governing body in New Mexico concerning an abatement cleanup issue. The city's contractors overreached during the cleanup and took valuable property from my premises, including vehicles, tools, clothing, appliances, a gun safe, firearms,... View More

James L. Arrasmith
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answered on Nov 8, 2025

In New Mexico, the law generally requires that a tort claim notice against a city or other government entity be filed within 90 days of the incident. Missing that deadline can make it harder to pursue your claim, but it doesn’t always mean your case is over. Courts sometimes consider exceptions... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Criminal Law for New Mexico on
Q: How to address legal system issues and secure a fair trial while self-representing?

I am representing myself in a case in San Juan County, NM. During my case, witnesses did not complete the trial, resulting in one charge being dropped. Another charge was carried over to an unrelated new charge without proper evidence shown, and the District Attorney's office has not... View More

James L. Arrasmith
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answered on Nov 6, 2025

Since you are self-representing, your first priority is to **formally document all issues** you have encountered, including missing witness communication, dropped or carried-over charges, and receipt of any documents you believe are illegal. Keep copies of all filings, correspondence, and evidence,... View More

1 Answer | Asked in Tax Law and Civil Litigation for New Mexico on
Q: Do I have recourse against NM Taxation & Revenue levy from a 2013 tax claim?

In 2021, the New Mexico Taxation & Revenue Department issued a levy against my small business for $10,000, claiming I owed taxes from 2013. The business did not make enough to file taxes that year. They said the amount was determined through a special project, but when I asked for... View More

James L. Arrasmith
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answered on Oct 31, 2025

You may still have options to challenge or review the levy, even though the claim dates back to 2013. In New Mexico, the Taxation & Revenue Department must follow specific procedures before issuing a levy, including providing notice of assessment and giving you a chance to dispute the claim. If... View More

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for New Mexico on
Q: How can I compel the court to admit an unprobated will?

In Bernalillo County, New Mexico, how can I compel the district court to adhere to the Uniform Probate Code’s requirement to admit a will to probate amidst its mismanagement of an unprobated will? Although the will is valid with an attesting witness affidavit, it hasn't been formally... View More

James L. Arrasmith
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answered on Oct 25, 2025

File a verified petition in the Bernalillo County district court for formal testacy and supervised administration, demanding immediate admission of the self‑proved will and appointment of the nominated personal representative. Attach the original will, the attesting‑witness/self‑proving... View More

1 Answer | Asked in Gov & Administrative Law, Election Law and Civil Litigation for New Mexico on
Q: Can a NM county clerk work full-time elsewhere and only one day a year as a clerk? Is this a conflict of interest?

In New Mexico, an elected county clerk claims they are required to work only one day a year as part of their official duties, and have been offered a full-time position with the Soil and Water Conservation District. However, the county clerk is responsible for overseeing elections for this... View More

James L. Arrasmith
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answered on Oct 24, 2025

No—you cannot rely on the notion that a New Mexico county clerk works only one day a year; state law imposes continuous duties, including serving as the board of county commissioners’ clerk and maintaining official county records. Election administration also requires sustained work (from... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Mexico on
Q: Is it worth pursuing legal action for my $1,500 security deposit?

I moved out of my rental property and had requested a detailed list of any possible damages at that time, as well as information on when I should expect to receive my $1,500 security deposit back. I have photo and video evidence of the property's condition when I left. Given these... View More

James L. Arrasmith
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answered on Oct 20, 2025

If you have photo and video proof showing that you left the property in good condition, it’s often worth pursuing your $1,500 security deposit. Most states have laws requiring landlords to return deposits or provide an itemized list of deductions within a specific time frame, often 30 days. If... View More

1 Answer | Asked in Small Claims and Civil Litigation for New Mexico on
Q: How to file a motion to amend complaint to change entity in NM magistrate court?

I'm in the process of filing a motion to amend a complaint to change the defendant from New Mexico Highlands University to New Mexico Highlands Foundation Inc. I'm having difficulty identifying the NMRA rule number that needs to be included in the document. I need guidance on drafting... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’re handling your case carefully, which is important when correcting a party name in a small claims or civil action. In New Mexico magistrate court, the rule that governs amending pleadings is **Rule 2-007 NMRA**, which allows a party to amend a complaint before trial with the... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for New Mexico on
Q: How to present evidence of non-compliance in custody case in NM?

I'm the respondent in an ongoing custody and timeshare case in the Second Judicial District Court of Bernalillo County, NM. The petitioner, my child's biological father, separated from me in 2022 and since then has consistently restricted my access to our seven-year-old son. Despite... View More

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answered on Oct 13, 2025

You can present evidence of the petitioner’s non-compliance by organizing all documentation that clearly shows a pattern of behavior and missed obligations. Start with recent examples that directly relate to the current court orders—such as his failure to provide full financial disclosures or... View More

1 Answer | Asked in Small Claims, Civil Litigation and Contracts for New Mexico on
Q: Question about reimbursement in lawsuit against a NM university

I am involved in a small claim civil lawsuit against a university in New Mexico over unpaid reimbursements for purchases made with my personal credit card while I was the head softball coach. These purchases included equipment and apparel, funded by donations and not school or public funds. I have... View More

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answered on Oct 10, 2025

It makes sense that you’re frustrated, especially after using your own funds for the benefit of the university program. In New Mexico, universities and other public entities are generally bound by internal spending and procurement policies that often require preauthorization before any... View More

1 Answer | Asked in Business Law, Contracts and Civil Litigation for New Mexico on
Q: Seeking reimbursement for expenses paid as NMHU coach, case involves pre-authorization claim.

I am a former head softball coach at New Mexico Highlands University (NMHU). I paid $4,975 for equipment and apparel using my own credit card and was supposed to be reimbursed from a fundraising/foundation account, which received donations from family and friends. I have an email from the former... View More

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answered on Oct 10, 2025

It’s understandable that you feel frustrated after spending your own money on team needs and now facing pushback on reimbursement. In New Mexico, public universities and state institutions typically require “pre-authorization” for expenses to ensure that spending is approved before university... View More

2 Answers | Asked in Probate, Landlord - Tenant, Civil Litigation and Real Estate Law for New Mexico on
Q: How can I obtain a copy of my mother's will from my stepbrother?

I am my mother’s only living heir, and her stepson, my brother, was supposed to manage her will to provide me with a monthly allowance. However, I haven’t received any funds, and now he wants to evict me from my mother's house. Despite repeatedly asking for a copy of the will, he ignores... View More

Anthony M. Avery
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answered on Oct 3, 2025

You might hire a NM attorney to probate your Mother's Estate as an intestate administration. You will need to post a bond. This may be the only way to prevent losing the entire Estate to a non-blood relative.

Every day you wait means more lost monies/properties.

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1 Answer | Asked in Probate, Estate Planning and Civil Litigation for New Mexico on
Q: Can an agent using PoA waive principal's rights and contest a will in NM probate case?

I am dealing with a situation involving a general durable Power of Attorney (PoA), executed out of state, being used in a New Mexico probate case. The agent, acting for her mother under this PoA, waived her mother's priority to serve as Personal Representative (PR) for the estate of her... View More

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answered on Oct 3, 2025

In New Mexico, a Power of Attorney is meant to allow an agent to act in the best interest of the principal, not to use that authority for self-dealing. An agent who waives their principal’s priority to serve as Personal Representative and then seeks to install themselves raises serious questions... View More

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